Research On The Right To Claim For Project Price Of The Actual Builder Under Affiliated Situation

Construction industry is an important field in our economic and social development,involving a wide range of far-reaching effects,is a role that can not be ignored in the national development.However,some units and companies in the construction industry use the construction qualification of others to contract the situation,this "affiliated behavior" not only violates the national mandatory laws and regulations,but also brings negative impact on the quality of the project,and even causes security risks to the society.The affiliate has paid a certain cost in the construction,and has the right to claim the project price from the developer.This is allowed by Chinese law,which is equivalent to recognizing the legitimacy of the construction.Therefore,the establishment and improvement of laws and regulations,regulate the order of the construction industry market,strengthen the law enforcement,is the key to ensure the quality of construction and personal safety.At the same time,improving the construction ability of construction enterprises is also conducive to creating a fair competition market environment.This paper focuses on the identification and claim of the actual builder under the affiliated situation,which is divided into four aspects.The first is the identification of the actual builder and the difference with other construction subjects,as well as the various legal relations involved in the affiliated construction.Secondly,it analyzes the provisions of law and judicial interpretation on the actual builder,discusses the necessity of attaching to the actual builder’s claim right,and the effect of contract validity on his claim right.Then,it discusses the path analysis of the actual builder’s claim right under the affiliated situation,and probes into the relevant legal provisions and judicial practice.Finally,through reflection,the author puts forward some ideas and measures to perfect the claim right of the actual builder under the affiliated situation.The purpose of this paper is to provide legal guidance and practical reference for the actual constructors to promote the stable and orderly development of the construction engineering field.